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FUNCTIONAL SERICULTURE INDUSTRY FOSTERAGE AND SUPPORT ACT

Act No. 9726, May 27, 2009

Amended by Act No. 11690, Mar. 23, 2013

Act No. 15381, Feb. 21, 2018

 Article 1 (Purpose)
The purpose of this Act is to plan increase in income of farm households and to contribute to national health and economic development through the promotion and development of the functional sericulture industry by prescribing matters necessary for the continuous development of the functional sericulture industry and for the establishment of stable foundation for sericulture.
 Article 2 (Definitions)
The terms used in this Act shall be defined as follows:
1. The term "functional sericulture industry" means an industry in the following items:
(a) Industry producing (including processing) silkworms, mulberry trees, cocoons, and other products prescribed by Presidential Decree, or respective byproducts thereof in order to use for food, material, etc. that gives useful efficacy to human body;
(b) Industry producing (including processing) food, material, etc. that gives useful efficacy to human body from silkworms, mulberry trees, cocoons, and other products prescribed by Presidential Decree, or from respective byproducts thereof;
2. The term "functional silkworm cultivating households" means households engaged in the functional sericulture industry.
 Article 3 (Responsibilities of State, Local Governments, etc.)
(1) The State and local governments may establish and implement measures necessary for the continuous growth of functional sericulture industry and for the stable settlement of functional silkworm cultivating households.
(2) In establishing measures under paragraph (1), the State and local governments shall prepare the measures of administrative and financial support necessary for the stable settlement of functional silkworm cultivating households.
(3) Functional silkworm cultivating households shall strive to develop the functional sericulture industry and to raise and develop eco-friendly vegetation.
 Article 4 (Relationship with other Acts)
Unless otherwise prescribed by other Acts, this Act shall apply to the fostering and support of the functional sericulture industry and functional silkworm cultivating households.
 Article 5 (Establishment of Comprehensive Plans)
(1) For the continuous growth of the functional sericulture industry and the stable settlement of functional silkworm cultivating households, the Minister of Agriculture, Food and Rural Affairs shall establish a comprehensive plan to foster the functional sericulture industry (hereinafter referred to as "comprehensive plans") every five years after consultation with the heads of related central administrative agencies. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Comprehensive plans shall include matters in the following subparagraphs:
1. Present status of the functional sericulture industry and prospect therefor;
2. Direction of support and objective of the functional sericulture industry;
3. Strategy of support for the promotion of economic vitality of the functional sericulture industry;
4. Long-term and mid-term investment plans to support the functional sericulture industry;
5. Technical education of functional sericulture and plans to foster support personnel;
6. Projects of research and development for the stable increase in income of functional silkworm cultivating households;
7. Other matters acknowledged as necessary for the development of the functional sericulture industry.
(3) When establishing comprehensive plans, the Minister of Agriculture, Food and Rural Affairs shall have such plans deliberated upon by the central deliberation committee of agriculture, rural community and food industry under Article 15 of the Framework Act on Agriculture, Rural Community and Food Industry.
 Article 6 (Investigation into Actual Conditions, etc.)
(1) In order to efficiently establish and promote comprehensive plans and to build stable foundations for the self-sustenance of functional silkworm cultivating households, the Minister of Agriculture, Food and Rural Affairs may investigate the actual conditions, etc. of the functional sericulture industry. <Amended by Act No. 11690, Mar. 23, 2013>
(2) Where necessary for investigation into actual conditions under paragraph (1), the Minister of Agriculture, Food and Rural Affairs may request research institutions, organizations, etc. to submit data or to state opinions. <Amended by Act No. 11690, Mar. 23, 2013>
(3) Research institutions, organizations, etc. requested to submit data or to state opinions under paragraph (2) shall cooperate with such requests unless any extenuating circumstance exists.
(4) The extent and method of investigation into actual conditions under paragraph (1), and other necessary matters shall be prescribed by Presidential Decree.
 Article 7 (Performance of Functional Sericulture Duties by Local Governments)
(1) In order to disseminate technology necessary for the stable settlement of functional silkworm cultivating households, the Minister of Agriculture, Food and Rural Affairs may have the heads of local governments perform projects in the following subparagraphs: <Amended by Act No. 11690, Mar. 23, 2013>
1. Collection of information necessary for the dissemination of functional sericulture technology;
2. Performance of education projects and experience projects relating to functional sericulture;
3. Consultation on vegetation, planting, etc. necessary for functional sericulture;
4. Installation and operation of education programs of functional sericulture technology;
5. Other projects delegated by the Minister of Agriculture, Food and Rural Affairs.
(2) The State may subsidize funds within budget limits in order to efficiently perform the projects under paragraph (1).
 Article 8 (Promotion of Technology Development)
(1) The State or local governments shall endeavor to develop technology for the promotion of the functional sericulture industry.
(2) The State or local governments may assist those who research and develop, or industrialize technology, etc. in order to promote technology development under paragraph (1).
 Article 9 (Assistance to Functional Sericulture Industry)
The State and local governments may give necessary assistance to the following subparagraphs in order to promote the functional sericulture industry:
1. Facilities, machinery, materials and sericulture products processing facilities necessary for the functional sericulture industry;
2. Overseas production sites relating to the functional sericulture industry;
3. The functional sericulture industry succeeding to the spirit of the traditional industry relating to sericulture.
 Article 10 (Management, etc. of Functional Silkworm Cultivating Households)
In order to efficiently promote policies to foster and support functional silkworm cultivating households, the Minister of Agriculture, Food and Rural Affairs may have functional silkworm cultivating households register information relating to the management of functional sericulture as prescribed in Article 41 of the Framework Act on Agriculture, Rural Community and Food Industry and in Article 4 (1) of the Act on Fostering and Supporting Agricultural and Fisheries Business Enterprises. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 11 (Delegation and Entrustment of Authority)
Part of the authority of the Minister of Agriculture, Food and Rural Affairs under this Act may be delegated or entrusted to the heads of affiliated agencies, related institutions or organizations, as prescribed by Presidential Decree. <Amended by Act No. 11690, Mar. 23, 2013>
 Article 12 (Legal Fiction as Public Official in Application of Penalty Provisions)
The executive officers and employees of institutions or organizations engaged in the business affairs entrusted by the Minister of Agriculture, Food and Rural Affairs pursuant to Article 11 shall be deemed public officials in applying the penalty provisions under Articles 129 through 132 of the Criminal Act.
[This Article Newly Inserted by Act No. 15381, Feb. 21, 2018]
ADDENDUM
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 15381, Feb. 21, 2018>
This Act shall enter into force on the date of its promulgation.